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2025 DAILYLAW 21443 (KAR)

PRAKASH v. THE CHIEF SUPERINTENDENT

WP/9209/2025 · 2025-04-22

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:16513 WP No. 9209 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9209 OF 2025 (GM-POLICE) BETWEEN: PRAKASH @ BOREGOWDA, S/O LATE PUTTEGOWDA, AGED ABOUT 39 YEARS, R/AT KETJUPURA VILLAGE, BANNUR HOBLI, T NARASIPURA TALUK, MYSURU DISTRICT-571 101. PRESENTLY SERVING SENTENCE IN MYSURU CENTRAL PRISON (CTP NO. 00027) …PETITIONER (BY SRI PRADEEP PATIL, ADVOCATE) AND: 1. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSURU-570 007. 2. THE SUPERINTENDENT OF POLICE, MYSURU DISTRICT, MYSURU-570 007. 3. THE DIRECTOR GENERAL OF POLICE, PRISONS & CORRECTIONAL SERVICES, SESHADRI ROAD, BENGALURU-560 003. …RESPONDENTS (BY SRI RAHUL CARIAPPA K.S., AGA) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16513 WP No. 9209 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO GRANT OF GENERAL PAROLE FOR A PERIOD OF 90 DAYS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: Wherefore, it is most humbly prayed that this Hon'ble Court be pleased to:- (a) Issue a Writ Order or direction in the nature of mandamus to the Respondents to grant of general parole for a period of 90 days. (b) Pass such other orders/directions considering the facts and circumstances of the case together as to costs in the interest of justice. 2. The petitioner was before this Court in W.P.No.31135/2024 seeking parole for the repair work of his house. His submission now is repair work is not yet over and - 3 - NC: 2025:KHC:16513 WP No. 9209 of 2025 therefore, he should be granted another period of parole so that, he would complete the repair work of the house. 3. A co-ordinate bench of this Court has granted general parole in W.P.No.31135/2024, disposed on 21.11.2024. It reads as follows: ORAL ORDER The petitioner, who has been convicted for offences punishable under Sections 376(A)(B) and 506 of the Indian Penal Code (IPC) and sentenced to 20 years of imprisonment, is seeking a directive to the respondents to release him on parole. He cites the need to oversee the repair work of his house, which is in a dilapidated condition. 2. To substantiate his claim, the petitioner has produced photographs of the house and a tax-paid receipt in his wife's name. The petitioner has served more than six years of his sentence and has not been released on parole on previous occasions. Therefore, the petitioner has established a prima facie case for the grant of parole. 3. Accordingly, I pass the following: ORDER a. The Writ Petition is allowed. b. The impugned endorsement dated 09.10.2024 issued by respondent No.2 at Annexure-B is hereby quashed. c. The respondent No.2 is hereby directed to release petitioner on parole for a period of 90 days from the date of release, subject to petitioner undertaking not to involve in unlawful activities during the period of parole. - 4 - NC: 2025:KHC:16513 WP No. 9209 of 2025 d. Respondent No.2 shall impose strict conditions as are usually stipulated to ensure the return of the detenue to the prison and the convict shall not commit any other offence during the period of parole. e. The violation of condition of parole will result in automatic cancellation of the parole. f. The Registry is directed to communicate this order to respondents, by way of electronic mail, forthwith. In that light, I deem it appropriate to grant general parole for a period of 60 days. Hence, I pass the following: ORDER a. The Writ Petition is allowed in-part. b. The respondent No.2 is hereby directed to release petitioner on parole for a period of 60 days commencing from 25-04-2025, subject to petitioner undertaking not to involve in unlawful activities during the period of parole. d. Respondent No.2 shall impose strict conditions as are usually stipulated to ensure the return of the detenue to the prison and the convict shall not commit any other offence during the period of parole. e. The violation of any conditions of parole will result in automatic cancellation of the parole. - 5 - NC: 2025:KHC:16513 WP No. 9209 of 2025 f. The Registry is directed to communicate this order to respondents, by way of electronic mail, forthwith. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE tsn* List No.: 1 Sl No.: 40